Sec. 21. (a) For purposes of this section, a provider is considered to be a holder of a local franchise on June 30, 2006, if:

(1) the provider; or

Terms Used In Indiana Code 8-1-34-21

  • affiliate: has the meaning set forth in IC 23-1-43-1. See Indiana Code 8-1-34-1
  • certificate: refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. See Indiana Code 8-1-34-2
  • commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-34-3
  • franchise: means an initial authorization, or a renewal of an authorization, that:

    Indiana Code 8-1-34-4

  • holder: refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006. See Indiana Code 8-1-34-6
  • incumbent provider: means the provider serving the largest number of video service subscribers in a particular local franchise service area on July 1, 2006. See Indiana Code 8-1-34-7
  • local franchise: means an initial authorization, or a renewal of an authorization, that:

    Indiana Code 8-1-34-8

  • provider: refers to a multichannel video programming distributor (as defined in 47 U. See Indiana Code 8-1-34-11
  • unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 8-1-34-12
  • video service: means :

    Indiana Code 8-1-34-14

(2) any affiliate or successor entity of the provider;

holds a local franchise to provide video service in a unit on June 30, 2006.

     (b) After June 30, 2006, a provider that is the holder of a local franchise on June 30, 2006, regardless of whether the provider is the incumbent provider in the local franchise service area, may elect to:

(1) continue providing video service under the local franchise until the local franchise expires; or

(2) subject to section 22 of this chapter, terminate the local franchise and apply to the commission for a certificate under this chapter.

     (c) A provider that elects to terminate a local franchise under subsection (b) must provide written notice of the provider’s election to:

(1) the commission; and

(2) the affected unit;

not later than November 1, 2006. The local franchise is terminated on the date the commission issues a certificate to the provider under this chapter.

     (d) Not later than ninety (90) days after a local franchise is terminated under subsection (c), the provider that terminated the local franchise shall remit to the affected unit any accrued but unpaid franchise fees due under the local franchise. If the provider has credit remaining from any prepaid franchise fees, the provider may deduct the amount of the credit from any future fees or taxes owed to the affected unit.

As added by P.L.27-2006, SEC.58.

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